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Trying to build a City career while also planning a family is not an easy task. Promotions, bonuses, client demands, and intense competition do not pause just because you are pregnant or on maternity leave. Yet, in the same breath, you should not be treated unfavourably in the workplace due to taking time away from work to start a family.
The law, including the Equality Act 2010, protects employees against discrimination. However, it is still important to understand what actually counts as pregnancy and maternity discrimination, and what you can do if it happens to you.
When does Protection Apply?
Protection against pregnancy and maternity discrimination applies beyond the moment you announce you are pregnant. It starts at recruitment and can continue even after your employment has ended, where references or post-termination treatment are involved.
Protection covers job interviews, promotions, access to training, day‑to‑day treatment at work, redundancy, dismissal decisions and references. Discriminatory behaviour can be carried out by your employer, another employee, an agent, or even a client, and your employer can still be held responsible depending on the circumstances.
The “Protected Period” for Pregnancy and Maternity
Pregnancy and maternity discrimination is a distinct claim under section 18 of the Equality Act 2010 and is separate from sex discrimination. The law creates a “protected period” which runs from the start of your pregnancy to the end of your maternity leave, and unfavourable treatment linked to your pregnancy or maternity is unlawful.
Unfavourable treatment because of your pregnancy, pregnancy‑related illnesses, or because you are taking or trying to take maternity leave will usually be classed as direct discrimination. The discriminatory treatment can still count even if the decision is only implemented later, as long as the unfavourable act is linked to something that happened during the protected period – for example, being denied a promotion at the end of maternity leave because you missed a “crucial” meeting while you were on leave.
What is Pregnancy or Maternity Discrimination in City Roles?
In City careers, pregnancy and maternity discrimination often appears in disguised ways rather than overt statements. The key question is whether the treatment is generally unfavourable and whether it is related to pregnancy or maternity leave.
Common examples include: sidelining you from clients or deals after announcing your pregnancy, denying a bonus or promotion because you were on maternity leave, using absence due to pregnancy‑related sickness against you, or pressuring you to return early or change roles as a condition of future opportunities.
It will also be classed as discrimination if you are dismissed or selected for redundancy because you are pregnant, planning maternity leave, or have just returned from leave, even if the employer says the decision is based on “business needs”.
How it Differs from Sex Discrimination
Pregnancy and maternity discrimination claims are limited to unfavourable treatment because of pregnancy or maternity leave within a specific protected period. Other forms of unfair treatment linked to family planning, childcare or assumptions about women’s roles may fall under other protected characteristics and be classed as sex discrimination.
For example, being penalised for undergoing IVF treatment, criticised for needing flexibility for childcare, or being told that “serious City roles are not compatible with young children” may result in sex discrimination claims rather than (or as well as) pregnancy/maternity discrimination.
Unlike many other discrimination claims, you do not usually need a comparator to prove this type of discrimination either; the main focus is on your treatment and its direct link to your pregnancy or maternity.
Breastfeeding and Discrimination
The Equality Act 2010 also protects women from unfavourable treatment because they are breastfeeding. During the period covered by pregnancy and maternity protection, unfavourable treatment because of breastfeeding is unlawful without needing any comparator.
After six months, unfavourable treatment because of breastfeeding can amount to sex discrimination. However, you would then compare your treatment with how someone who is not breastfeeding but in a similar position would be treated. Issues can arise when employers refuse reasonable breaks to express milk, deny access to a private space, or criticise attendance at events because of breastfeeding, especially in City environments.
Family Planning and “Hidden” Discrimination
City employees often experience more subtle forms of discrimination linked to family planning before they become pregnant. The law does not provide blanket protection for “family plans”, but being treated less favourably because you would like to be a parent in the future can still be discriminatory. Examples include being questioned during an interview about whether you plan to have children, being passed over for promotion after mentioning fertility treatment, or being moved off a project because managers assume you will “soon be pregnant”.
Where decisions are influenced by stereotypes or biases about women’s commitment or availability around pregnancy and childcare, this will often fall within sex discrimination, even if you are not yet pregnant.
Who is Responsible for Discrimination
Your legal protection is not limited to decisions made by HR teams or behaviour from senior management. Under discrimination law, employers can be liable for discriminatory acts by colleagues, agents, and, in some circumstances, third parties such as clients.
If a client refuses to work with you because you are visibly pregnant, or makes it clear that maternity leave is “inconvenient”, your employer may still be responsible if they simply remove you from the account rather than addressing the behaviour. Protection can also continue beyond termination; for example, a misleading reference because you took maternity leave or raised concerns about discrimination can itself be actionable.
Remedies and Compensation for Discrimination
If an Employment Tribunal rules in your favour for pregnancy and maternity discrimination or sex discrimination, it can award compensation, and there is no statutory limit. The Tribunal can recommend that your employer take specific steps (for example, to grant flexible working requests or change policies), make a declaration of your rights, and, in some cases, order reinstatement or re‑engagement where you have been unfairly dismissed.
Compensation can cover loss of earnings (including bonuses and benefits), future loss of earnings, lost career opportunities, and injury to health or feelings; city roles with significant variable pay can make these awards substantial.
Acting early is crucial if you are facing pregnancy and maternity discrimination. Time limits are short, and evidence can disappear quickly. Keep a clear timeline of events: when you told your employer about your pregnancy or plans for maternity leave, what was said, and how your workload, clients, appraisals or bonus conversations changed afterwards.
How Discrimination Solicitors Can Help
Navigating pregnancy and maternity discrimination is legally and emotionally challenging, particularly when city careers, reputation and future earnings are at stake. Experienced workplace discrimination solicitors can help you understand whether what you are experiencing is unlawful discrimination, harassment or victimisation.
Specialist sex discrimination lawyers in London can assess your case, explain the differences between pregnancy or maternity discrimination and broader sex discrimination, and advise on the value and risks of any potential claim. If you have been treated unfairly in the workplace due to a protected characteristic, speaking to experienced employee discrimination solicitors can help you protect your position, explore settlement agreements and, where necessary, pursue a tribunal claim with confidence.
For confidential advice tailored to your unique circumstances, you can contact Nationwide Employment Lawyers to speak directly to a specialist about your potential pregnancy or maternity discrimination claim and the options available to you.
